Regulation 33 Transitional appeals
This regulation will cease to have effect on 31st July 2029.
This regulation applies where a franchised provider has received a notice of status which states that they are not a below-threshold franchised provider.
In addition to the grounds of appeal specified in regulation 15E of the Lifelong Learning Regulations, the franchised provider may appeal this notice where the franchised provider reasonably believes that it had a student population below the threshold for the duration of the appeal reference period.
An appeal under this regulation must be made to the Secretary of State in writing before the end of the period of one month beginning with the day on which the notice of status is issued.
Following receipt of an appeal, the Secretary of State must—
determine the student population of the franchised provider for the appeal reference period;
where the franchised provider’s student population is below the threshold for the duration of the appeal reference period, determine that the franchised provider is a below-threshold franchised provider;
notify the franchised provider of the outcome of the appeal.